how does a lawyer introduce there case

How do lawyers introduce their case?

A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.” If they have already been introduced, some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.

How do you introduce a court case?

Opening Statement ChecklistState your theme immediately in one sentence.Tell the story of the case without argument.Persuasively order your facts in a sequence that supports your theme.Decide whether to address the bad facts in the opening or not.Do not read your opening statement. ... Bring an outline, if necessary.More items...•

How do you introduce yourself in court as a lawyer?

At the beginning of a hearing, attorneys should always state their name and who they represent. This should be done while standing, and oftentimes judges will expect an attorney to speak from a podium rather than at counsel's table. Figure this out in advance.

How do lawyers refer to each other in court?

Brother/Sister: When speaking to the court, attorneys often refer to opposing counsel as “My Brother” or “My Sister”. The attorneys are not related, they use this reference because they are looked upon as brethren in the law. Burden of Proof: The duty to prove disputed facts.

How do you speak confidently in court?

Do'sDO speak calmly and clearly.DO use the proper forms of address.DO be polite.DO stand when you address the court.DO make eye contact with the judge when you are speaking.DO ask for clarification if you are unclear about something.DO thank the judge for listening.DO arrive early to court.More items...•

What do judges say to start trials?

Judge: “Prosecution, are you ready to begin.” Prosecution: “Yes your honor.” Judge: “The prosecution may make its opening statement.” “Your Honor and members of the jury, we know that _____________________ is guilty of violating the law.

How do lawyers greet?

For a practicing attorney, you address them as "Esquire" or "Attorney at Law." For salutations, you can use "Mr.", "Ms." or "Mrs." followed by their last name.

How do you introduce yourself?

2:5023:54Tell me about yourself! Introduce yourself in English with EASE!YouTubeStart of suggested clipEnd of suggested clipWe start really simply and casually with your name. I am emma or i'm emma. Now in most situations.MoreWe start really simply and casually with your name. I am emma or i'm emma. Now in most situations. It's much more natural to use the contraction.

How do you introduce yourself in front of judges?

Introduce yourself by name and as the plaintiff or defendant, claimant or respondent. Speak clearly and loudly (but don't yell at the judge). Don't rush. Speak at a normal rate.

Why are lawyers called learned friends?

Have you even wondered why do lawyers refer themselves as learned friend? The legal profession is one of the three professions which is traditionally treated as a learned profession. All the members associated in this profession are learned one as they deal with knowledge, ideas, and ethics.

How do you address an advocate in court?

If the other party is represented by a solicitor you should refer to them as 'My friend'. If the other party is acting as a litigant in person you should refer to them as 'the claimant/defendant' or 'Mr/Mrs/Miss ……. '.

Can a lawyer represent himself?

In criminal cases heard in NSW, the law is that an accused person can be represented either by themselves, by their lawyer, or by anyone else who the court permits to represent them.

What to say when the court does not understand?

You have to say “I am afraid/I am sorry that/Perhaps I could not make myself clear. It is my fault. May I rephrase myself.”

Why do we argue before the Hon’ble Court?

We argue before the Hon’ble Court on the basis of facts we have pleaded in our pleadings, and to elucidate the points of law. However there is a method to our madness.

Why do we call them submissions before the court?

We prefer to call them “submissions” before the Court since it is consistent with our peculiarly polite way of putting things.

What is the most important weapon in a lawyer's arsenal?

One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words.

How were these things formulated?

How these things were formulated has many answers, but the most commonly accepted one is that these hark back to the courtly culture of a High Court of the King, where unless the King was pleased to suffer you speak, you had to keep quiet. What you say must please him. A bit like “Her Majesty’s Loyal Opposition”.

What is the trick to not be provoked?

The trick is not to be provoked. A case is won by a cool head, and if you are prone to losing your temper, then the opposing counsel will certainly exploit it by sledging, in this context meaning to keep on making sotto voce comments that you can hear, but may not reach the Court or may reach the Court and you but can be passed off as a comment to the opposing counsel’s own juniors.

When a learned advocate says that which is not true and he is supposed to know that it is not, the?

When a learned advocate says that which is not true and he is supposed to know that it is not, the usual formula is not to say “My Lord he is lying ”. That would be a worse solecism than the untruth itself.

DUTY

DUTY Establish the basis of the duty or obligation that the other party owed you. Typically, this is either a statute or a contract or the "common law." Examples are: (1) I had a verbal contract with my neighbor to paint his house for $500. (2) I found a statute that says my boss cannot blacklist me with other potential employers.

BREACH

BREACH If there is a duty or obligation that the other party breached, present it quickly without telling all of the ways in which this makes you angry. Example: (1) My neighbor refused to pay the agreed price after I painted his house.

CAUSATION

CAUSATION You must then explain how this directly led to your legal complaint. Usually, this means you believe nothing else contributed to the issue. Example: (1) The paint job is beautiful and there is no excuse for my neighbor to not pay.

DAMAGES

Check out any legal bases for your claim in addition to what your instinct tells you. For example, go to the legislative website to see if there is a statute that also relates. http://www.leg.wa.gov, "search" and hit the "document" button, then "RCW" for Washington statutes.

How to apply case law?

If a lawyer wants to apply the case law (“I think my client should get the same result as the previously decided opinion”), the lawyer has to think of ways the opinion facts are similar to the facts of the client’s case and create a theme that exists in both sets of facts. The lawyer then uses the theme that they created (as opposed to using the facts of either case) to argue that because the theme exists in both the previously decided opinion and the client’s case, the case law outcome should be applied to the client’s case . Arguing the theme makes it unnecessary for the lawyer to change the facts of their case to mirror those of the previously decided opinion to “win” for their clients.

What is the first thing a lawyer must do?

First, lawyers understand and believe the facts their clients relay to them. Second, after hearing the facts and identifying the legal issues a client is facing, a lawyer must find a previously decided opinion (called case law or precedent) with an outcome that favors their client’s position. Or, a lawyer may need to distinguish case law ...

Why do lawyers use theme?

The lawyer then uses the theme that they created (as opposed to using the facts of either case) to argue that because the theme exists in both the previously decided opinion and the client’s case, the case law outcome should be applied to the client’s case .

What is the most extraordinary skill to lawyering and client advocacy?

Winning a case has much to do with the attorney’s skill in creating a theme that will stick in the minds of the judge and jury and win the case – the most extraordinary skill to lawyering and client advocacy.

What happens when the attorney articulates the theme that persuades the judge or jury to believe the cases are?

The real magic happens when the attorney articulates the theme that persuades the judge or jury to believe the cases are similar enough to warrant the same outcome. Winner!

Do lawyers change facts to win a case?

Lawyers are notoriously known for changing the facts to “win” their case. Yet, the most successful attorneys never change the facts to win. They simply do not need to do so. How, then, does a lawyer win a case? First, lawyers understand and believe the facts their clients relay to them.

What should I do when opening a case?

If opening a case you should always introduce yourself and the other side to the Court. For example: Your Honour/Sir/Madam/Master I appear in this case for the Claimant and my friend Mr/Miss/Mrs. appears for the Defendant.

What should a prosecutor do after hearing evidence?

It should provide a non-contentious summary of the case. The Prosecution then proceed to present their case. After their evidence has been heard the defence have the opportunity to give an opening speech and the present their evidence.

What is the opening speech of a civil trial?

The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony. The opening speech will detail the issues to be decided and you should provide a summary of the facts that you seek to establish. However, in the county court the defendant’s solicitor can make the opening speech and if they do they are not entitled to make a closing speech, without the leave of the court. You should hand the judge a bundle of documents and take him or her through the chronology of the matter to provide the judge with a picture of the events in the case. The opening speech should be lively and interesting to engage the court. You should use plain language and use eye contact to build rapport with the judge. You should refer to your client by his or her name in order to personalise them, and refer to the other side, for example as the ‘respondent/defendant’ etc.

What is the closing speech of a court case?

The closing speech is your final attempt to address the court. It should integrate the evidence the court has heard with your theory of the case and present your underpinning argument. In your final speech you should rebut or explain the evidence that weakens your case and explain how the law applies.

What is the sequence of questioning in a civil case?

This is done by oral examination and the sequence of the questioning is examination-in-chief of the claimant’s side (to include witnesses), cross-examination by the defendant’s side, re-examination. The defendant will then give their evidence and can make an opening speech.

Do prosecutions have to make opening speeches?

In criminal matters the prosecution have the right to make an opening speech. If it is a simple case then very often the Prosecution will forgo an opening speech. If the Prosecution do decide to have an opening speech it should be kept brief. It should provide a non-contentious summary of the case.

Can a judge dispense with fast track cases?

The judge can, however, dispense with this, particularly in fast-track cases. The sequence of questioning for the defendant’s evidence (to include witnesses) is examination-in-chief by the defendant’s side, cross-examination by the claimant’s side and re-examination.

Stay Up to Date with Your Case

Between the time that you file the complaint and the actual hearing date, many things can happen. It’s important to stay up to date with your case.

Find Out Your Trial Schedule

In many District Court cases, the Clerk’s Office will set the trial date within 60 days after the complaint was filed. When a Notice of Intention to Defend is filed within 60 days of service (such as for a corporation), then the Clerk’s Office schedules the trial within 90 days of filing the complaint.

Read the Complaint

Whether you are the person who filed the case (the “plaintiff”) or the person being sued (the “defendant”), read and reread the complaint. This is the document that the judge will have in front of them. The judge will be looking for an explanation of all the items in the complaint.

Figure out which court rules apply

Different court rules apply to different types of cases and different courts (e.g., small claims, District Court, circuit court). The rules are much more formal outside of small claims court, and the advice or representation of an attorney is likely to be very helpful.

Identify and locate your evidence

Identify and prepare the important documents and physical evidence that you plan to bring to trial. Your evidence must be:

Prepare Your Documents for Trial

Organized documents will help you be calm in court. You cannot be too organized.

Find out more facts: use the discovery process

To prepare for trial, both parties have a right to find out information from the other party. This process is called “discovery.”

Who goes first in a court case?

The lawyer for the plaintiff or government usually goes first. The lawyer sums up and comments on the evidence in the most favorable light for his or her side, showing how it proved what he or she had to prove to prevail in the case. After that side has made its case, the defense then presents its closing arguments.

What does the judge say before closing arguments?

The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence.

What is closing argument?

Closing Arguments. The lawyers’ closing arguments or summations discuss the evidence and properly drawn inferences. The lawyers cannot talk about issues outside the case or about evidence that was not presented. The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury.

What is a rebuttal in court?

This is a chance to respond to the defendant’s points and make one final appeal to the jury.

Can a defense make a closing statement?

Occasionally the defense may choose not to make a closing statement. If so, the plaintiff or government loses the right to make a second argument.

What do you need to introduce in a trial?

These may include documents, letters, emails, notes, maps, diagrams, etc.

How to mark an exhibit in court?

There are a few ways that you can mark exhibits for court. One way is to mark the exhibit with a marker or ballpoint pen. Other options include using exhibit stickers or having the court clerk label the exhibit. It all depends on the jurisdiction — rules differ.

Why do you need to have evidentiary foundations?

Evidentiary foundations need to be properly laid to get your exhibits admitted into evidence so that the jury may consider them in deliberations. But before we dive into HOW to introduce an exhibit at trial, let's back up and discuss the basics of exhibits.

Why is it important to lay an evidentiary foundation?

Laying an evidentiary foundation is crucial when introducing exhibits at trial. Without a proper foundation, the court may refuse to admit certain exhibits ...

What information is included in an exhibit list?

It will likely include the exhibit number, description of the exhibit, and information on the court, case number, whether the exhibit list is for the plaintiff or the defendant, and other information to help identify, organize, and prepare the exhibits for trial.

What happens if you can't prove that an exhibit is admissible?

If you can't demonstrate that the court exhibit is admissible under the applicable rules of evidence, you will not be able to enter your exhibit into evidence for the jury to consider.

Why are exhibits agreed upon?

First, some (even many) exhibits may be agreed upon (“stipulated” to) by the parties, in order to save time — especially with non-controversial items. Or, occasionally, the judge may issue a ruling before trial (during a pre-trial hearing) that certain exhibits are admissible.

Which side always goes first in a civil case?

The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.

What is the opening statement of a trial?

1. Opening Statements. Every trial proceeds in basically the same way. Both parties are seated in the courtroom. In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney . In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, ...

How long does it take to get a sentencing hearing?

A criminal defendant who is found guilty, or who voluntarily pleads guilty, is scheduled for a sentencing hearing approximately 90 days after the verdict. This gives the U.S. probation officer time to research and prepare a pre-sentence report for the judge. This report is used by the judge to determine punishment for the crime. The judge’s primary goal is to order punishment that is suitable for the crime committed, but no more than needed. Other goals include keeping the community safe, deterring similar crimes in the future, and rehabilitating the individual to prevent them from committing future crimes. The judge also wants to avoid unfair differences in sentences for similar crimes committed by different defendants. Types of punishment can include imprisonment, house arrest, supervised release, substance abuse treatment, counseling, educational training, payment of fines and/or restitution. When assigning the appropriate punishment, the judge uses the advice of U.S. Sentencing Guidelines . These guidelines take into account the seriousness of the offense, and the criminal history of the person. For some types of crimes, there is a mandatory minimum sentence set by federal law. In many cases, there may be a term of imprisonment, followed by a period of supervised release . During that term of release, the offender will be supervised by a U.S. probation officer while living back in the community, and will be required to adhere to various conditions.

What is the most common type of evidence?

Actually, the most common type of evidence is provided by witness testimony . Often witness testimony may be the only evidence presented. It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.

What punishments can a judge give for a similar crime?

Types of punishment can include imprisonment, house arrest, supervised release, substance abuse treatment, counseling, educational training, payment of fines and/or restitution.

What is physical evidence?

Physical evidence – Physical objects and documents can be used by either side to prove or disprove issues. An example would be DNA, fingerprints, or a photograph.

What is the purpose of evidence in a case?

Evidence. Objections. Evidence is used by the parties to prove or disprove unresolved issues in the case. There are rules in place to govern how evidence is collected, what evidence can be admitted in the case, and how the judge and jury may consider evidence to render a decision.